Slate’s Law Blog

Cannabis DWI Accidents

Anyone whose experience of intoxicating substances goes beyond elementary school “say no to drugs” classes knows that alcohol and cannabis are not interchangeable. Cannabis has never made anyone more belligerent, for example. While alcohol and cannabis both impair people’s driving ability, it is much easier to measure alcohol impairment quantitatively by measuring alcohol metabolites in the body than it is with cannabis. From a legal perspective, whether alcohol is currently affecting your ability to drive depends on whether your blood alcohol content (BAC) is at least 0.08%; BAC changes quickly after drinking, so you will only get a result that high if you consumed alcohol recently enough that you can still feel its effects. If you drank alcohol earlier that day or the previous night but have since sobered up, it will no longer be detectable on your breath test or in your bloodstream. 

Tests that measure cannabis are not nearly so precise because cannabis metabolites remain in the body for weeks after you most recently used cannabis. Therefore, the quest for a cannabis breathalyzer that is useful for DWI traffic stops is ongoing. Whatever the reasons for the driver’s error that caused the accident, you have the right to seek damages if you get injured. If you are struggling with medical bills after an accident caused by a cannabis-impaired driver, contact a Santa Fe car accident lawyer.

Driver Admits to Using Cannabis Before Single Vehicle Accident That Killed Two Passengers

Just after midnight one night in April 2024, a man was driving his Infiniti G37 on Unser Boulevard in Albuquerque. He lost control of the car after making a sharp turn at high speed and hit the shoulder of the road, which caused his car to careen through an intersection and then overturn. Two passengers were ejected from the vehicle, and they were both pronounced dead at the scene. New reports did not release their names.

Paramedics rescued the driver from the car and took him to UNM hospital, where he was diagnosed with non-life-threatening neck and back injuries. Police did not suspect that the man was under the influence of alcohol, but a witness later told them that he had consumed cannabis earlier that day. The driver, 20, is currently facing criminal charges for DWI vehicular homicide. 

A witness also told the police that, at the time of the accident, the man had been racing another car. Police are still investigating that claim, and as of the time of the most recent news reports about the accident, the driver is not facing any charges for street racing. Regardless of the outcome of the criminal case against him, the families of the victims have the right to file a wrongful death lawsuit against him or against any other parties deemed responsible for the accident in civil court.

Contact Slate Stern About Car Accident Lawsuits

Slate Stern is a personal injury lawyer who represents plaintiffs injured in car accident accidents.  Contact Slate Stern in Santa Fe, New Mexico or call (505)814-1517 to discuss your case.

Sources

Police arrest man for DWI crash that killed 2 overnight – KOB.com

Photo by Dad Grass on Unsplash